H0962B2891A04106 MSP:CMD 11/20/19 #90 A04106
AMENDMENTS TO HOUSE BILL NO. 962
Sponsor: SENATOR BAKER
Printer's No. 2891
Amend Bill, page 1, line 13, by striking out "AND"
Amend Bill, page 1, line 15, by inserting after "ABUSE"
; and
transferring money from the General Fund into the Crime
Victim's Compensation Fund
Amend Bill, page 2, line 4, by striking out "5533(b)(2)(i)"
and inserting
5533(b)(2)
Amend Bill, page 2, line 11, by inserting a bracket before
"childhood"
Amend Bill, page 2, line 11, by inserting a bracket after
"childhood"
Amend Bill, page 2, line 16, by inserting a bracket before
"childhood"
Amend Bill, page 2, line 16, by inserting a bracket after
"childhood"
Amend Bill, page 2, line 17, by striking out all of said line
and inserting
(i.1) If an individual entitled to bring a civil
action arising from sexual abuse is at least 18 and less
than 24 years of age at the time the cause of action
occurs, the individual shall have until attaining 30
years of age to commence an action for damages regardless
of whether the individual files a criminal complaint
regarding the sexual abuse.
(ii) For the purposes of this paragraph, the term
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["childhood sexual abuse"] "sexual abuse" shall include,
but not be limited to, the following sexual activities
between [a minor] an individual who is 23 years of age or
younger and an adult, provided that the individual
bringing the civil action engaged in such activities as a
result of forcible compulsion or by threat of forcible
compulsion which would prevent resistance by a person of
reasonable resolution:
(A) sexual intercourse, which includes
penetration, however slight, of any body part or
object into the sex organ of another;
(B) deviate sexual intercourse, which includes
sexual intercourse per os or per anus; and
(C) indecent contact, which includes any
touching of the sexual or other intimate parts of the
person for the purpose of arousing or gratifying
sexual desire in either person.
(iii) For purposes of this paragraph, "forcible
compulsion" shall have the meaning given to it in 18
Pa.C.S. § 3101 (relating to definitions).
Amend Bill, page 3, lines 15 and 16, by striking out all of
said lines and inserting
Section 4. Section 5552(b.1), (c)(3) and (c.1) of Title 42
are amended and subsection (c) is amended by adding a paragraph
to read:
Amend Bill, page 5, line 9, by striking out all of said line
and inserting
(3.1) Any sexual offense committed against an individual
who is 23 years of age or younger any time up to the later of
the period of limitation provided by law after the individual
has reached 24 years of age or 20 years after the date of the
offense. As used in this paragraph, the term "sexual offense"
means a crime under the following provisions of Title 18 or a
conspiracy or solicitation to commit an offense under any of
the following provisions of Title 18 if the offense results
from the conspiracy or solicitation:
Section 3011(a) as it relates to sexual servitude.
Section 3012 as it relates to sexual servitude.
Section 3121(a) and (b).
Section 3123(a).
Section 3124.1.
Section 3124.2(a) and (b).
Section 3125(a).
Section 3126.
Section 3127.
Section 4302(a).
* * *
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(c.1) Genetic identification evidence.--Notwithstanding any
provision of law to the contrary, if evidence of a misdemeanor
sexual offense set forth in subsection (c)(3) or (3.1) or a
felony offense is obtained containing human deoxyribonucleic
acid (DNA) which is subsequently used to identify an otherwise
unidentified individual as the perpetrator of the offense, the
prosecution of the offense may be commenced within the period of
limitations provided for the offense or one year after the
identity of the individual is determined, whichever is later.
* * *
Amend Bill, page 7, line 5, by inserting after "MADE"
directly
Amend Bill, page 7, line 6, by inserting after "FUND."
The office shall determine the form and manner for
receiving payment under this paragraph.
Amend Bill, page 8, line 16, by striking out "SHALL" and
inserting
may
Amend Bill, page 8, by inserting between lines 21 and 22
"Counseling services." Mental health therapy performed by or
under the supervision of a health care provider.
Amend Bill, page 8, lines 25 through 27, by striking out all
of said lines and inserting
"Health care provider." Any of the following:
(1) A psychiatrist.
(2) An individual licensed under the act of March 23,
1972 (P.L.136, No.52), known as the Professional
Psychologists Practice Act.
(3) A licensed professional counselor, as defined in
section 3 of the act of July 9, 1987 (P.L.220, No.39), known
as the Social Workers, Marriage and Family Therapists and
Professional Counselors Act.
(4) A licensed social worker, as defined in section 3 of
the Social Workers, Marriage and Family Therapists and
Professional Counselors Act.
Amend Bill, page 8, line 28, by inserting after "SERVICES"
in the Pennsylvania Commission on Crime and Delinquency
Amend Bill, page 8, line 29, by inserting after "WHICH"
occurs in this Commonwealth and
Amend Bill, page 9, by inserting between lines 16 and 17
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Section 8.2. The sum of $5,000,000 is transferred from the
General Fund to the Crime Victim's Compensation Fund to be used
until June 30, 2021, to implement the addition of 42 Pa.C.S. §
9730.3(a)(1) for counseling services provided after the
effective date of this section. In fiscal years beginning after
June 30, 2021, the General Assembly shall appropriate money to
implement the addition of 42 Pa.C.S. § 9730.3(a)(1).
Amend Bill, page 9, lines 22 and 23, by striking out "5533(b)
(2)(i)" and inserting
5533(b)
Amend Bill, page 9, line 23, by striking out "and" where it
occurs the second time and inserting a comma
Amend Bill, page 9, line 23, by inserting after "(c)(3)"
and (3.1)
Amend Bill, page 9, line 26, by striking out "5533(b)(2)(i)"
and inserting
5533(b)(2)
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